Terms and Conditions
We want you to know your rights and our rights and so we have prepared this agreement (“user agreement” or “agreement”) between CABCOT.com (“we”, “our,” “us”) and you. CABCOT.com is the owner of the website whose registered office is 2218 County Rd 112 South, Alamosa, Colorado 81101 and mailing address is 3279 County Rd 112 South, Alamosa, Colorado. The term ‘you’ refers to the user or viewer of our website. This agreement sets the terms of your use of the CABCOT.com website and services (“CABCOT.com”).
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense.
From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
You may create a link to this website from another website or document without CABCOT.com’s prior written consent.
Your use of this website and any dispute arising out of such use of the website is subject to the laws of the United States of America and Colorado.
© CABCOT.com 2012
This website and its content is copyright of CABCOT.com – © CABCOT.com 2012. All Rights Reserved.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:
- you may print or download to a local hard disk extracts for your personal and non-commercial use only
- you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
You agree to not use CABCOT.com to:
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under fiduciary or contractual relationships
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose
Claims Of Copyright Infringement
If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice that includes the following information:
- A clear identification of the copyrighted work you claim was infringed.
- A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on the Website, such as a link to the infringing material.
- Your contact information so that we can reply to your complaint, preferably including an email address and telephone number.
- A statement that you have a “good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.”
- A statement that “the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
- The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices with respect to this Website should be sent to:
CABCOT.com, 3279 County Rd 112 South, Alamosa, Colorado, 81101
We will review and address all notices that comply with the requirements above. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that you may be liable for damages if you make a false claim of copyright infringement.
The information contained in this website is for general information purposes only. The information is provided by CABCOT.com and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
Through this website you are able to link to other websites which are not under the control of CABCOT.com. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep the website up and running smoothly. However, CABCOT.com takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
You retain the rights to your copyrighted content or information that you submit to CABCOT.com (“User Content”) except as described below.
By submitting User Content to CABCOT.com, you grant us a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to reproduce, prepare derivative works, distribute copies, perform, or publicly display your User Content in any medium and for any purpose, including commercial purposes, and to authorize others to do so.
To participate in CABCOT.com, you must create an account that includes a username and password (“Your Account”) and, if you want to be able to reset your password or have us contact you, an email address as well. Of course, you can also browse CABCOT.com without logging in.
Without advance notice and at any time, we may, for violations of this agreement or for any other reason we choose: (1) suspend your access to CABCOT.com, (2) suspend or terminate Your Account, and/or (3) remove any of your User Content from CABCOT.com.
We reserve the right to monitor CABCOT.com, and your use of the Service means you agree to such monitoring. At the same time, we do not guarantee we will monitor at all.
You are solely responsible for the information associated with Your Account and anything that happens related to Your Account.
You may not authorize others to use Your Account, and you may not license, transfer, sell, or assign it without our written approval.
You may also submit your debit or credit card information (“Payment Information”) via the website to purchase featured listings or featured agent products or services via CABCOT.com. CABCOT.com uses third party service providers to process your payment information. If you submit your Payment Information, you agree to pay all costs that you incur, and you give us permission to charge you when payment is due for an amount that includes any applicable taxes, fees, and charges to CABCOT.com or one of our service providers.
CABCOT.com utilizes email as the primary communication channel with its customers. As a registered user, you hereby acknowledge and grant CABCOT.com the permission to communicate with you via email (as well as other communication channels such as phone and fax) for any purposes CABCOT.com determines to be relevant including, but not limited to, system messages, product updates, service announcements and other marketing messages. CABCOT.com will use best efforts to honor your request to opt out of marketing messages, but under no circumstances will CABCOT.com have any liability for sending any email to its registered users/customers.
All the things you do and all the information you submit or post to CABCOT.com remain your responsibility. Indemnity is basically a way of saying that you will not hold us legally liable for any of your User Content or actions that infringe the law or the rights of a third party or person in any way.
Specifically, you agree to hold CABCOT.com, its affiliates, officers, directors, employees, agents, and third party service providers harmless from and defend them against any claims, costs, damages, losses, expenses, and any other liabilities, including attorneys’ fees and costs, arising out of or related to your access to or use of CABCOT.com, your violation of this user agreement, and/or your violation of the rights of any third party or person.
Disclaimer of Warranties
CABCOT.com is provided “as is” and without warranty of any kind. To the maximum extent permitted by law, we and our affiliates and third party service providers disclaim any and all warranties, express or implied, including (but not limited to) implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights, or any other warranty, condition, guarantee or representation, whether oral or electronic. You are solely responsible for any damage to your computer or mobile device, loss of use, or loss of your User Content. We do not guarantee that CABCOT.com will always work properly.
Limitation of Liability
We will not be liable for any special, consequential, indirect, incidental, punitive, reliance, or exemplary damages, whether in tort, contract, or any other legal theory, arising out of or in any way connected with this agreement or your use of or attempt to use CABCOT.com, including (but not limited to) damages for loss of profits, goodwill, use, or data. This limitation on liability shall not be affected even if we have been advised of the possibility of such damages. Some states do not allow for the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages, so the above exclusions may not apply to you. You may have other rights that vary from state to state.
You agree to release us, our affiliates, and third-party service providers, and each associated director, employee, agents, and officers, from claims, demands and damages (actual and consequential), of every kind and nature, known and unknown, disclosed or undisclosed, arising out of or in any way connected to your use of CABCOT.com.
We want you to enjoy CABCOT.com, so if you have an issue or dispute, you agree to raise it and try to resolve it with us informally. You can contact us with feedback and concerns here or by emailing us at firstname.lastname@example.org.
The headings in this agreement are for convenience and do not control any of its provisions.
Any claim or dispute between you and us arising out of or relating to this user agreement, in whole or in part, shall be governed by the laws of the State of Colorado without respect to its conflict of laws provisions. We agree and you agree to submit to the personal jurisdiction and venue of a state and federal court located in Alamosa County, Colorado.
Severability and Enforcement
If any provision of this user agreement is held invalid or unenforceable, that provision will be modified to the extent necessary to render it enforceable without losing its intent. If no such modification is possible, that provision will be severed from the rest of this agreement.
If we do not enforce any right or provision in this user agreement, that is not to be deemed a waiver of our right to do so in the future.
Changes to this User Agreement
This user agreement is the entire agreement between you and us concerning CABCOT.com. It supersedes all prior or contemporaneous agreements between you and us. We may modify this user agreement at any time. If we make changes to this agreement that materially affect your rights, we will provide advance notice and keep this edition available as an archive on the CABCOT.com website. By continuing to use CABCOT.com after a change to this agreement, you agree to those changes.
This user agreement is effective as of December 12, 2013.